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PIERCE v. STATE

No. 95-22.

662 So.2d 398 (1995)

Clarence PIERCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 3, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Clarence Pierce seeks review of his convictions of two counts of sexual battery upon a child under twelve and three counts of committing a lewd act upon a child. We find no error except in the lewd act conviction arising out of count IV of the information. The defendant cannot be convicted of both sexual battery and a lewd act if the charges arise out of the same act. State v. Hightower, 509 So.2d 1078 (Fla. 1987...

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